beta
(영문) 청주지방법원 2020.01.31 2017가단100031

손해배상(기)

Text

1. The Defendant’s KRW 28,271,685 as well as the Plaintiff’s annual rate from November 17, 2015 to January 31, 2020.

Reasons

1. Occurrence of and limitation on liability for damages;

A. The facts of recognition 1) The Defendant: (a) was established for the purpose of civil engineering and construction work; (b) contracted a new dormitory construction work in Jincheon-gun, Chungcheongnam-gun, the Korea Gas Safety Corporation; and (c) the Plaintiff was employed by the Defendant on November 10, 2015 by the Defendant and served as a lighting and co-ordinator at the same construction site; (c) on November 17, 2015, the said construction site was carried out with the materials on the first floor of the dormitory building, which were attached to the said construction site and carried out to the ground through the exchange mechanism (a concrete structure in a rectangular-type type), and the Plaintiff fell into the first floor below the Kindo-gun; and (d) thereby, (c) the Plaintiff was injured by pressure and pressured 4th in the Yacheon-gun et al. during the process of performing the said work at the upper end of the exchange scheme.

(3) At the time of the instant accident, the Defendant did not install the safety risks, etc. to prevent the crash for the work convenience, even though the said ventilation district at the time of the instant accident was in danger of falling to workers, and did not manage and supervise the work. [The grounds for recognition] There was no dispute, and Defendants 1, 3, 4, 1, 2, and 1, 2 (including each number, and the purport of the entire pleadings)

B. According to the above facts of recognition of liability, the defendant violated the duty to take safety measures so that the plaintiff, who is a worker, could not fall down in the course of providing labor, and thereby caused the accident of this case. Thus, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident of this case.

C. On the other hand, according to the above evidence and the purport of the entire pleadings, the Plaintiff knew of the danger of fall, and thus, it was found that the Plaintiff neglected to ensure safety by requesting the Defendant to take safety measures, etc., and this was caused by the instant accident.